Dr Vasant Gangadhar Aneraye v. Kiran Dattatray Kothawade And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO.2019 OF 2022 Dr.Vasant Gangadhar Aneraye ...Applicant Vs.

Kiran Dattatray Kothawade & Anr.

...Respondents

---- Mr.Vikas Shivarkar for the Applicant.

Mr.R.M. Pethe, APP, for the Respondent-State. Ms.Priya A. Patil i/b Mr.Sachin Deokar for the Intervenor. ---- by NILAM SANTOSH KAMBLE Date: 2022.09.12 14:53:52 +0530 NILAM SANTOSH KAMBLE CORAM : C.V. BHADANG, J.

DATE : 12 SEPTEMBER 2022 P.C.

.

The Applicant who is a medical practitioner by profession is seeking anticipatory bail in connection with investigation of Crime No.287 of 2021 of Chinchwad Police Station, Pune under Section 406, 419 and 420 of I.P.C. 2.

As the previous Application filed by the Applicant being ABA No.2421 of 2021 was decided by this Bench on 8 February 2022, the present Application is placed before this Bench.

N.S. Kamble page 1 of 3

3.

I have heard the learned counsel for the parties. 4.

A perusal of the order dated 8 February 2022 shows that in fact Anticipatory Bail was granted to the Applicant subject to the condition of the Applicant depositing an amount of Rs.10 Lakhs before the learned Magistrate on or before 31 May 2022. The Applicant was also directed to file an undertaking to that effect before this Court within two weeks, after serving a copy thereof on the Complainant and the Investigating Officer. 5.

The learned counsel states that the Applicant could not comply with the direction to deposit the amount and to furnish the undertaking within time and therefore as per the stipulation made in the order dated 8 February 2022 the Anticipatory Bail granted, stood vacated.

6.

It is pointed out that the Applicant since thereafter has paid an amount of Rs.10 Lakhs to the RespondentComplainant by Demand Drafts as mentioned in the Application.

7.

The learned counsel for the RespondentComplainant has not disputed the receipt of the amount. N.S. Kamble page 2 of 3

8.

In such circumstances, the present Criminal Application is allowed and the Anticipatory Bail granted to the Applicant in terms of order dated 7 October 2021 in ABA No.2421 of 2021 stands restored.

C.V. BHADANG, J.

N.S. Kamble page 3 of 3